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EU member states use a common passport design, burgundy coloured with the name of the member state, Coat of Arms and the title
"European Union" (in the language(s) of the issuing country).
Citizenship of the European UnionFrom Wikipedia, the free encyclopedia
Citizenship of the European Unionwas introduced by the Maastricht Treaty, which was signed in 1992, and has been in force
since 1993. European citizenship is supplementary to national citizenship and affords rights such as the right to vote in
European elections, the right to free movement, settlement and employment across the EU, and the right to consular protection
by other EU states' embassies when a person's country of citizenship does not maintain an embassy or consulate in the country
they need protection in.[1]
Contents
1 History
2 Stated rights
2.1 Free movement rights
3 Acquisition
3.1 Summary of member states' nationality laws
4 Danish opt-out
5 See also
6 Further reading7 References
8 External links
History
EU citizenship as a distinct concept was first introduced by the Maastricht Treaty, and was extended by the Treaty of
Amsterdam.[2]
Prior to the 1992 Maastricht Treaty, the European Communities treaties provided guarantees for the free
movement of economically active persons, but not, generally, for others. The 1951 Treaty of Paris[3]establishing the European
Coal and Steel Community established a right to free movement for workers in these industries and the 1957 Treaty of Rome[4]
provided for the free movement of workers and services.
However, the Treaty provisions were interpreted by the European Court of Justice not as having a narrow economic purpose,
but rather a wider social and economic purpose.[5]InLevin,[6]the Court found that the "freedom to take up employment was
important, not just as a means towards the creation of a single market for the benefit of the Member State economies, but as a
right for the worker to raise her or his standard of living".[5]
Under the ECJ caselaw, the rights of free movement of workers
applies regardless of the worker's purpose in taking up employment abroad,[6]
to both part-time and full-time work,[6]
and
whether or not the worker required additional financial assistance from the Member State into which he moves.[7]Since, the
ECJ has held[8]
that a recipient of service has free movement rights under the treaty and this criterion is easily fulfilled,[9]
effectively every national of an EU country within another Member State, whether economically active or not, had a right
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under Article 12 of the European Community Treaty to non-discrimination even prior to the Maastricht Treaty.[10]
InMartinez Sala,[11]the European Court of Justice held that the citizenship provisions provided substantive free movement
rights in addition to those already granted by Union law.
Stated rights
Historically, the main benefit of being a citizen of an EU state has been that of free movement. The free movement also applies
to the citizens of European Economic Area states[12]and Switzerland.[13]However with the creation of EU citizenship, certain
political rights came into being. The Treaty on the Functioning of the European Union[14]provides for citizens to be "directly
represented at Union level in the European Parliament", and "to participate in the democratic life of the Union" (Treaty on
the European Union, Title II, Article 10). Specifically, the following rights are afforded;
Political rights
Voting in European elections: a right to vote and stand in elections to the European Parliament, in any EU member
state (Article 22)
Voting in municipal elections: a right to vote and stand in local elections in an EU state other than their own, under the
same conditions as the nationals of that state (Article 22)
Accessing European government documents: a right to access to European Parliament, Council, and Commission
documents (Article 15).
Petitioning Parliament and the Ombudsman: the right to petition the European Parliament and the right to apply to the
European Ombudsman in order to bring to his attention any cases of poor administration by the EU institutions and
bodies, with the exception of the legal bodies (Article 24)[15]
Linguistic rights: the right to apply to the EU institutions in one of the official languages and to receive a reply in that
same language (Article 24).
Rights of free movement
Right to free movement and residence: a right of free movement and residence throughout the Union and the right to
work in any position (including national civil services with the exception of those posts in the public sector that involve
the exercise of powers conferred by public law and the safeguard of general interests of the State or local authorities
(Article 21) for which however there is no one single definition);
Freedom from discrimination on nationality: a right not to be discriminated against on grounds of nationality within
the scope of application of the Treaty (Article 18);
Rights abroad
Right to consular protection: a right to protection by the diplomatic or consular authorities of other Member States
when in a non-EU Member State, if there are no diplomatic or consular authorities from the citizen's own state (Article
23): this is due to the fact that not all member states maintain embassies in every country in the world (16 countries have
only one embassy from an EU state[16]
).
Free movement rights
Article 21 Freedom to move and reside
Article 21 (1) of the Treaty on the Functioning of the European Union[14]states that
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Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States,
subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect.
The European Court of Justice has remarked that,
EU Citizenship is destined to be the fundamental status of nationals of the Member States[17]
The ECJ has held that this Article confers a directly effective right upon citizens to reside in another Member State.[17][18]
Before the case ofBaumbast,[18]it was widely assumed that non-economically active citizens had no rights to residence
deriving directly from the EU Treaty, only from directives created under the Treaty. InBaumbast, however, the ECJ held that
(the then[19]) Article 18 of the EC Treaty granted a generally applicable right to residency, which is limited by secondary
legislation, but onlywhere that secondary legislation is proportionate.[20]
Member States can distinguish between nationals and
Union citizens but only if the provisions satisfy the test of proportionality.[21]
Migrant EU citizens have a "legitimate
expectation of a limited degree of financial solidarity... having regard to their degree of integration into the host society"[22]
Length of time is a particularly important factor when considering the degree of integration.
The ECJ's case law on citizenship has been criticised for subjecting an increasing number of national rules to the proportionality
assessment.[21]
Article 45 Freedom of movement to work
Article 45 of the Treaty on the Functioning of the European Union[14]
states that
1. Freedom of movement for workers shall be secured within the Union.
2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers
of the Member States as regards employment, remuneration and other conditions of work and employment.
State employment reserved exclusively for nationals varies between member states. For example, training as a barrister in
Britain and Ireland is not reserved for nationals, while the corresponding French course qualifies one as a 'juge' and hence can
only be taken by French citizens. However, it is broadly limited to those roles that exercise a significant degree of public
authority, such as judges, police, the military, diplomats, senior civil servants or politicians. Note that not all Member States
choose to restrict all of these posts to nationals.
Much of the existing secondary legislation and case law was consolidated[23]in the Citizens' Rights Directive 2004/38/EC on
the right to move and reside freely within the EU.[24]
Limitations
New member states may undergo transitional regimes, during which their nationals only enjoy restricted access to labour
markets in other member states. EU member states are permitted to keep restrictions on citizens of the newly acceded countries
for a maximum of seven years after accession. For the EFTA states (Iceland, Lichtenstein, Norway and Switzerland), the
maximum is nine years.
Following the 2004 enlargement, three "old" member statesIreland, Sweden and the United Kingdomdecided to allow
unrestricted access to their labour markets. By December 2009, all but two member statesAustria and Germanyhad
completely dropped controls. These restrictions too expired on 1 May 2011.[25]
Following the 2007 enlargement, all pre-2004 member states except Finland and Sweden imposed restrictions on Bulgarian and
Romanian citizens, as did two member states that joined in 2004: Malta and Hungary. As of November 2012, all but 8 EU
countries have dropped restrictions entirely. These restrictions too expired on 1 January 2014. Norway opened its labour
market in June 2012, while Switzerland and Lichtenstein may keep restrictions in place until 2016.[25]
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Following the 2013 enlargement, it is expected that some countries will implement restrictions on Croatian nationals following
the country's EU accession on 1 July 2013. As of July 2013, all but 13 EU countries have dropped restrictions entirely.[26]
The
UK Home Office has announced a bill to this effect.[27]
Acquisition
There is no common EU policy on the acquisition of European citizenship as it is supplementary to national citizenship (one
cannot be an EU citizen without being a national of a member state). Article 20 (1) of the Treaty on the Functioning of the
European Union[14]states that:
"Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a
citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship."
While nationals of Member States are citizens of the union, "It is for each Member State, having due regard to Union law, to lay
down the conditions for the acquisition and loss of nationality."[28]
As a result, there is a great variety in rules and practices
with regard to the acquisition and loss of citizenship in EU member states.[29]
Thus in practice, a member state may withhold EU citizenship from certain groups of citizens namely some in overseas
territories of member states outside the EU. One example would be the Faroe Islands of Denmark which, though a part ofDenmark, are outside the EU and do not have EU citizenship.
Summary of member states' nationality laws
This is a summary of nationality laws for each of the twenty-eight EU member states.[30]
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Member
State Acquisition by birth Acquisition by descent
Acquisition by
marriage
Acquisition by
naturalisation
Multiple nationality
permitted
Austria
Persons born in
Austria:
at least one of
whose marriedparents is an
Austrian citizen
out of wedlock
and whose
mother is
Austrian citizen
who is foundling
and is found out
under the age of
6 months
Austrian nationality is
acquired by descent under
one of the following
conditions:
born to Austrian
parents
born after January 9,
1983 and if parents
are married at the
time of birth,
Austrian citizenship
of either the mother
or the father is
sufficient
born before or on
January 9, 1983:
father must have been
an Austrian citizen;
children born to an
Austrian mother
married to a
non-Austrian father
do not qualify. If
parents are not
married, however, a
father cannot pass on
Austrian citizenship,
whereas a mother can
should the parents
happen to marry at
some time after birth,
citizenship is
automatically granted
to child retroactively.
If the child is over 14
at that time, child's
consent is needed.
6 years'
residence if
married for at
least 5 years
(and general
citizenship
conditions are
met, including
German
language
proficiency)
6 years'
residence if born
in Austria,
citizen ofanother EEC
country, granted
asylum, or
"exceptionally
integrated"
depending on
fulfillment of
other conditions,
up to 30 years'
residence
Only allowed with
special permission or
if dual citizenship was
obtained at birth
(binational parents
[one Austrian, one
foreign] or birth in a
jus-solicountry such
as USA and Canada)
Belgium
Persons born in
Belgium who:
are stateless
are foundlings
lose any other
nationality
Belgian nationality is
acquired by descent under
one of the following
conditions:
Belgian citizen father
Yesafter 3 years
cohabitation in
Belgium
5 years'
residencecan
petition federal
government
10 years'
residence
Yes
Conditions
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before 18
have a parent
born in Belgium
have a birth or
adopted parent
resident in
Belgium for at
least 5 of the
past 10 years
automatic by
request at city
hall
2 years'
residence
(stateless
persons)
Bulgaria
Persons born in
Bulgaria who:
are stateless
are foundlings
Bulgarian nationality is
acquired by descent under
one of the following
conditions:
At least one parent is
a Bulgarian citizen
Any person of
Bulgarian ethnicity;
Also, member of a
historical Bulgarian
ethnic community
(e.g. in Ukraine,
Moldova) (no limit
on number of
generations).
The applicant
should be at
least 18 years
old;
have
permission
for permanent
or for
long-term
residence in
Bulgaria since
at least 3
years;
have not been
investigated
or sentenced
by the
Bulgarian
authorities;
have income
or occupation;
be able to
speak and
write in
Bulgarian;
renounce
previous
citizenship
(not
applicable to
citizens of the
EU and EEA
countries,
Switzerland
and countries
with
The applicant
should be at
least 18 years
old;
have permission
for permanent or
for long-termresidence in
Bulgaria since at
least 5 years;
have not been
investigated or
sentenced by the
Bulgarian
authorities;
have income or
occupation;be able to speak
and write in
Bulgarian;
renounce
previous
citizenship (not
applicable to
citizens of the
EU and EEA
countries,Switzerland and
countries with
reciprocity
agreement with
Bulgaria; dual
citizenship is
allowed for
them).
Yes - for
Bulgarian
citizens by
birth;
Yes - for
naturalized
citizens of theEU and EEA
countries,
Switzerland
and countries
with
reciprocity
agreement with
Bulgaria[31]
Conditions
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reciprocity
agreement
with Bulgaria;
dual
citizenship is
allowed for
them);
have marriage
to Bulgarian
citizen since
at least 3
years and the
marriage is
actual.
Croatia
Persons born in
Croatia:
At least one
parent is a
Croatian citizen
who is foundling
(but such
citizenship can
be revoked if
later established
both parents
were foreign
citizens)
Croatian nationality is
acquired by descent under
one of the following
conditions:
Conditions: born to Croatian
parents born after March 1,
1991 and if parents are
married at the time of birth,
Croatian citizenship of
mother the father is required
should the parents happen to
marry at some time after
birth, citizenship is
automatically granted to
child retroactively. If the
child is over 14 at that time,
child's consent is needed. ?
8 years'
residence
(can be
shortened)
8 years'
residence
sufficient
knowledge of
Croatian
language
Yes, but persons
seeking to become
Croatian citizens by
naturalisation are to
renounce foreign
citizenship unless
applying by
'privileged
naturalisation' (e.g.
descendants of
Croatian emigrants)
Cyprus
Persons born in Cyprus
who:
are stateless
are foundlings
Cypriot nationality is
acquired by descent under
one of the following
conditions:
born to Greek
Cypriot parent(s)
born to TurkishCypriot parent(s)
after 1974 whose
parent(s) was/were
citizen of the
Republic prior to
1974
Turkish Cypriots who
have lost their
citizenship after the
3 years'residence
7 years'residence
Yes
Conditions
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occupation in 1974
born to a Turkish
Cypriot parent and a
Turkish parent if the
Turkish parent is not
a settler after 1974
(marriage must not
have taken place in
Northern Cyprus after
1974)
Czech
Republic
Persons born in the
Czech Republic:
who are
foundlings
whose parents
are both
stateless, and at
least one of
whom is a Czech
permanent
resident
No
Holders of a
Czech
permanent
residence permitfor at least 5
years
Yes, effective January
1, 2014[32]
Denmark
Persons born in
Denmark who:
are foundlings
Danish nationality is
acquired by descent under
one of the following
conditions:
The child's mother is
a Danish citizen;
The child's father is a
Danish citizen and the
parents are married;
6 years'
residence if
married for at
least 3 years
9 years'
residence
(holders of a
permanentresidence
permit)
8 years'
residence
(refugees and
stateless
persons)
No[33]
Estonia[34]
Persons born in Estonia
who:
are foundlings
Persons who have at
least one parent with
Estonian citizenship.
No (unless married
to an Estonian
citizen before 26
February 1992)
8 years'
residence
No (although Estonian
citizens by descentcannot be deprived of
their Estonian
citizenship)
Finland
Persons born in Finland
who:
are stateless, or
are foundlings
Finnish nationality is
acquired by descent under
one of the following
conditions:
Minimum
residence
requirement
of four years
of residence.
Five years of
residence (or a
total of seven
years of
residence since
Yes
Conditions
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The child's mother is
a Finnish citizen;
the child's father is a
Finnish citizen and
the parents are
married;
the child's father who
died before the child
was born was a
Finnish citizen and
who was married to
the child's mother at
the time of his death;
or
the child's father, who
died before the birth
of the child, was a
Finnish citizen andthe child was born in
Finland out of
wedlock and the
father's paternity was
established.
age 15) in
Finland; andknowledge of at
least one of
Finnish, Swedish
or Finnish sign
language.
Reductions
apply under
certain
conditions.
France
At birth, persons
born in France
who:
are
stateless,
or
have a
parent
born in
France
At 13, persons
born in France
upon the parent's
request.
At 16, persons
born in France
upon their own
request.
At 18, persons
born in France
who:
have
French nationality is
acquired by descent under
one of the following
conditions:
Through parentage
(right of blood):[35]
The child (legitimate
or natural) is Frenchif at least one parent
is French.
5 years'
marriage;
also, after 6
years outside
France
Holders of a
French
permanent
residence permit
for at least 5
years' residence
No residence
(former citizens
with conditions)
Yes
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resided in
France for
at least 5
years
since 11
Germany
Persons born in
Germany, if at least one
parent has resided in
Germany for at least 8
years and holds a
permanent residence
permit
German nationality is
acquired by descent under
one of the following
conditions:
Through parentage
(right of blood)
Member of
recognized historical
German community
abroad (e.g. in theBalkans, Kazakhstan);
Also granted to
children/grandchildren
of those deprived of
citizenship by the
Nuremberg Laws
2 years of
marriage and
3 years of
continuous
residence in
Germany
8 years'
residence
7 years'
residence (if an
integration
course has been
completed)
6 years'
residence (if
especially well
integrated and
has a very high
command of the
German
language, or a
refugee or
stateless person)
No residence
(victims of Nazi
persecution)
No, unless:
the
non-German
citizenship is
obtained by
birth
(binational
parents [one
German, one
foreign] or
birth in a
jus-soli
country such
as USA and
Canada)
the
non-German
citizenship is
of an EU
country or
Switzerland
and obtained
by
naturalisation
the
non-German
citizenship is
obtained by
naturalisation
and
permission has
been granted
by the German
authorities
German
citizenship is
obtained by
naturalisation
by a refugee
German
Conditions
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citizenship is
obtained by
naturalisation
and permission
has been
granted by the
German
authorities to
keep the
non-German
citizenship
under 12
StAG
born in
Germany to at
least one legal
permanent
resident and
grown up
there. The
foreign parents
born and
grown up
abroad cannot
have dual
citizenship
themselves.
Greece
Persons born in Greece
who:
have a parent
born in Greeceare foundlings
are stateless
Greek nationality is
acquired by descent under
one of the following
conditions:
Member of
recognized historical
Greek community
abroad in countries of
ex-USSR
Ethnic Greek of
different citizenship
accepted to military
academies, or
inscribes to serve to
the army, or enlists as
a volunteer in time of
war
3 years of
continuous
residence in
Greece and
has an
offspring from
the marriage
10 years
residence in the
last 12 years
5 years
residence in the
last 12 years for
refugees
Sufficient
knowledge of
Greek language,
Greek history,
and Greek
culture in
general
Athlete of an
Olympic Sport,
with 5 years
residence in the
last 12 years,
Yes
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who fulfills the
conditions of
being a member
of the Greek
National Team
of that sport, as
these are stated
by the
international
laws for that
sport
Hungary
Persons born in
Hungary who:
are foundlings
are stateless
Hungarian nationality is
acquired by descent under
one of the following
conditions:
At least one parent is
a Hungarian citizen
Any person of
Hungarian ethnicity,
which has to be
proven by
sufficient level of
Hungarian language
1.
demonstrating at least
one ancestor born in
the Kingdom of
Hungary (no limit on
number of
generations).
2.
Yes After 3 years
After 8 years
and meeting
conditions of
good character
After 5 years if
born in
Hungary
resided in
Hungary
in their
pupillage
stateless
After 3 years if
married
to a
Hungarian
citizen
has a
minor
child that
is
Hungarian
citizen
adopted
by a
Hungarian
citizen
refugee in
Hungary
Yes
Ireland
Persons born in Ireland:
are
automatically an
Irish nationality is acquired
by descent under one of the
following conditions:
if at the time of birth,
3 years of
marriage or
civil
5 years of
residency in
Ireland, of which
Yes
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Irish citizen if he
or she is not
entitled to the
citizenship of
any other
country.
entitled to be an
Irish citizen if at
least one parent
is:
an Irish
citizen (or
someone
entitled to
be an
Irish
citizen).
a residentof the
island of
Ireland
who is
entitled to
reside in
either the
Republic
or in
NorthernIreland
without
any time
limit on
that
residence.
a legal
resident
of the
island ofIreland
for three
out of the
4 years
preceding
the child's
birth.
at least one parent
was an Irish citizen.
if you have an Irish
citizen grandparent
born on the island of
Ireland. The parent
would have
automatically been an
Irish citizen.
Grandchild can
secure citizenship by
registering themselves
in the Foreign Births
Register. Citizenship
gained via the Foreign
Births Register can
only be passed on to
children born after the
parent themselves
were registered.
partnership to
an Irish citizen
1 (one) year
immediately
before
application
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Italy
Persons born in Italy
who:
have a parent
born in Italy
are foundlings
are stateless
Italian nationality is
acquired by descent under
one of the following
conditions:
(Rules are in place
that permit therecognition of Italian
nationality for many
members of the
Italian diaspora, even
generations after
departure. The rules
are complex.)
Citizenship was
accorded ethnic
Italians born in the
territory only in/after
1863.
After this, Italian
citizen fathers could
pass down
citizenship.
Mothers pass down
citizenship only for
children born in/after
1948.
A child gaininganother citizenship by
birth may also gain
Italian citizenship by
parentage, with no
interference. If such a
child is an Italian
citizen, he/she can
pass on citizenship
subject to the rules
above, like any other
Italian citizen.
A person naturalizing
to a foreign state
loses the right to pass
on citizenship to any
children he/she may
have after
naturalization.
A father's later
naturalization also
2 years of
legal
residence in
Italy (3 years
if living
abroad)
through
naturalisation
10 years'
residence, no
criminal record
and sufficient
financial
resources
7 years'
residence forchildren adopted
by Italian
citizens
5 years'
residence for
refugees or
stateless
individuals
4 years'
residence for EUmember states
nationals[36]
3 years'
residence for
descendants of
Italian
grandparents and
for foreigners
born in Italy
Yes
Conditions
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retroactively annulled
the child's citizenship
if the child was born
before 1910.
LatviaPersons born in Latvia
who:
Latvian nationality is
acquired by descent under
one of the following
conditions:
After 5 years of
permanent
residence
Starting from October
the 1st, 2013 hereby
listed persons are
eligible[37]to havedual citizenship with
Latvia:
citizens of
member
countries of
EU, NATO and
EFTA (Iceland,
Liechtenstein,
Norway,
Switzerland)
citizens of
Australia,
Venezuela,
Brazil, New
Zealand
citizens of the
counties that
have had
mutual
recognition of
dual
citizenship with
Latvia
people who
were granted
the dual
citizenship by
the Cabinet of
Ministers of
Latvia
people of
Latvian or
Livonian
ethnicity or
exiles
registering
citizenship of
Latvia[38]
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people who
have applied
for dual
citizenship
before the
previous
Latvian
Citizenship law
(1995).
Lithuania
Persons born in
Lithuania who:
are stateless.
Lithuanian nationality is
acquired by descent under
one of the following
conditions:
at least one parent is
a Lithuanian citizen
at least one direct
ancestor was
Lithuanian citizen
during the period of
1918-1940.
7 years of
permanent
residence and
demonstrating
Lithuanian
language
ability
No
Luxembourg
Persons born in
Luxembourg who:
are stateless, or
are foundlings,
orhave a parent
born in
Luxembourg
No7 consecutive
years' residence
Yes
Malta
Persons born in
Malta between
21 September
1964 and 31
July 1989
Persons born
outside Malta
between 21
September 1964
and 31 July
1989 to a father
with Maltese
citizenship
through birth in
Maltese nationality is
acquired by descent under
one of the following
conditions:
Yes
5 years of marriage
to a Maltese citizen
(if de jureor defactoseparated, then
still living together
five years after the
marriage) or a
widow/widower of a
Maltese citizen five
years after the
marriage
5 years of residence Yes
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Malta,
registration or
naturalisation
Persons born on
or after 1 August
1989, inside or
outside Malta, to
at least one
parent with
Maltese
citizenship
through birth in
Malta,
registration or
naturalisation
Netherlands
Persons born in
Netherlands who:
see: "Dutch by
birth"
Dutch nationality is acquiredby descent under one of the
following conditions:
Persons with a Dutch
parent
3 years of
residence and
demonstrating
Dutch
language
ability
After 5 yearsuninterrupted
residence, with
continuous registration
in the municipal
register
Under certainconditions: e.g.
foreign citizenship
may be kept in the
event of naturalization
via marriage.
Poland Persons born in Poland.
Polish nationality is
acquired by descent under
one of the following
conditions:
Certain descendants
of Polish citizens,
even after multiple
generations, can apply
for recognition:
Polish citizenship
begins 1920.
Acquisition of
foreign citizenshipprior to 1951 led to
the loss of Polish
nationality.
After this, any Polish
citizen transmits
nationality to all
his/her children and
nationality is only
lost by explicit
Yes
3 years of
residence with
permanent
residence permit
card under the
condition of
speaking polish
language
2 years of
residence with
permanent
residence permit
card under the
condition of
having polish
ethnicity
Yes but in Poland,
Polish identification
must be used and the
dual citizen is treated
legally as only Polish
Conditions
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request.
These children can
pass on nationality as
well.
Descendants of Polish-
language/ethnic persons in
some neighboring countries
including Belarus, Lithuania,
Russia, Kazakhstan, Ukraineet al., can apply for Karta
Polaka which gives many of
the same rights as Polish
citizenship but serves as a
substitute when acquisition
of Polish citizenship would
result in the loss of the
person's earlier citizenship.
Portugal
Persons born in
Portugal who:
are stateless
are foundlings
have a birth
parent resident
in Portugal for atleast 10 years on
a valid residence
permit
have a birth
parent with
citizenship of a
Lusophone
country and
resident in
Portugal for atleast 6 years on
a valid residence
permit
Portuguese nationality is
transmitted by descent under
one of the following
conditions:
a child becomes a
Portuguese national
at birth, and
nationality is
recognized by the law
itself if at least one of
the parents of that
child is a Portuguese
national and the birth
takes place in
Portugal or in a
territory administered
by Portugal. (That
form of transmission
of nationality,
combining descent
from a Portuguese
parent and birth in
Portugal is the main
form of transmission
of the Portuguese
nationality). No
registration is
necessary for the
transmission of
nationality in that
case.
A person
married to a
Portuguese
national for at
least 3 years
can apply to
be registered
as a
Portuguese
national as a
matter of
right,
provided that
the
registration is
applied for
during the
marriage (and
not after its
dissolution by
death or
divorce).
Nationality
takes effect
upon
registration
and is not
retroactive,
and is not lost
by the
dissolution of
Naturalization
can be granted
at the State's
discretion to
persons who are
of age and who
reside in
Portugal for at
least six years
on a valid
permit, provided
that theydemonstrate
knowledge of
the Portuguese
language and
have never been
convicted of a
crime
punishable
under
Portuguese law
with a prison
term of 3 years
or more.
Naturalization
can be granted
to persons who
do not reside in
Portugal, or
who do not
satisfy the
Yes
Conditions
Naturalisation
conditions
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Nationality is also
recognized by the law
itself at birth to a
child born outside
Portugal, provided
that the said child has
at least one
Portuguese parent,
and the birth takes
place outside
Portugal due to the
parent's service to the
Portuguese State
abroad. No
registration is
necessary for the
transmission of
nationality in that
case,
Nationality
retroactive to the
moment of birth is
recognized by the law
to a person born
outside Portugal if at
least one of the birth
parents is a
Portuguese national,
but only if that
person's birth is
registered before the
Portuguese Civil
Registry or if a
declaration by that
person, stating that he
or she wants to be a
Portuguese citizen, is
lodged with the
Portuguese Civil
Registry. Theregistration of the
birth can be applied
for at any time during
the person's life, by
the parents, by
another legal
guardian of a minor,
or by the person
himself, if the person
the marriage.
condition of
residing in
Portugal for at
least six years
on a valid
permit, provided
that the person
applying is a
second degree
relative
(grandson or
granddaughter,
or a sibling) of a
Portuguese
citizen.
the Portuguese
Government can
also grant
naturalization to
foreigners who
are of age and
who meet
neither the
six-year legal
residency
requirement nor
the knowledge
of the
Portuguese
language
requirement,
provided that
the person was a
Portuguese
national in the
past, or that the
applicant is held
to be a
descendant of
Portuguesecitizens, or a
member of
Portuguese
communities
abroad, or
provided that
the applicant is
found to have
rendered, or is
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is already of age (18
years old or older).
The registration of
the birth or of the
declaration can be
made at any time
during the person's
life, but the
descendants of that
person cannot ask for
the registration after
that person is dead.
Thus, if one
generation is skipped,
the next generation
cannot register.
Registration can be
made either in
Portugal or by means
of a Portuguese
Consulate abroad. If
the registration is
applied to by means
of a Consulate, the
Consulate processes
the request and sends
the necessary papers
to the central registry
office of the
Portuguese Civil
Registry in Lisbon.
Given that the
registration produces
legal effects
retroactive to the
moment of birth, the
person, once
registered as a
Portuguese citizen, is
recognized by law asa natural born
citizen.(Sons and
daughters of that
person, even if born
before the moment of
that person's
registration, and even
if born outside
Portugal are therefore
expected to
render in the
future relevant
services to the
Portuguese
State or to the
national
community.
Minors born in
Portugal to
foreign parents
can by be
granted
Portuguese
Nationality by
the Government,
if, at the time of
the request
made on their
behalf by their
legal
representatives,
they have
completed the
first cycle of the
basic education
in Portugal, and
if one of the
parents legally
resides in
Portugal for at
least five years.
The
requirements of
being of age at
the time of the
request and of
legally residing
in Portugal for
at least six yearsare waived with
respect to a
minor meeting
those
conditions, but
the minor must
still demonstrate
sufficient
knowledge of
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themselves able to
apply for registration
as Portuguese
citizens, because their
parent is a Portuguese
citizen since birth.
Accordingly, this
form of transmission
of nationality,
combining descent
and registration,
allows for the
transmission of
Portuguese
nationality from
generation to
generation
indefinitely, even if
the members of the
successive
generations are born
outside Portugal and
never reside in
Portugal, provided
that registration is not
skipped by one
generation). Many
descendants of
Portuguese
immigrants,
especially in Brazil
and other Lusophone
countries, hold dual
nationality, being
recognized as natural
born Portuguese
citizens uponregistration under that
rule.
the Portuguese
language, and
must not have
been convicted
to crimes that
carry under
Portuguese law
a prison penalty
of thee years or
more.
Nationality is
granted as a
matter of right
(and not by
naturalization in
the strict sense)
to a person who
is a son or a
daughter of
someone who
acquires
Portuguese
Nationality by
naturalization,
provided that
the person was a
minor at the
time of the
parent's
naturalization,
and provided
that the person
in question,
either
represented by
his parents or by
another legal
guardian (during
minority or
incapacity), orby himself (once
of age) applies
to be registered
as a Portuguese
national.
Romania
Persons born in
Romania who:
Romanian nationality is
acquired by descent under
one of the following
5 years'
residence in
8 years'
residenceYes[39]
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are foundlings
have Romanian
parents
conditions:
Persons with a
Romanian ancestor
up to 3 generations
back may be eligible
for citizenship:Persons with at least
one parent,
grandparent or great-
grandparent, born
anytime before 1940
in a location that was
in the Kingdom of
Romania between
1918 and 1940
(including Bessarabia
and Northern
Bukovina) and can
demonstrate
competence in the
Romanian language,
are eligible for
restoration of
citizenship.
Persons with a parent
or grandparent still
registered as aRomanian citizen,
may apply for
clarification of their
own citizenship.
Romanian citizenship
is NOT automatically
lost by naturalization
to a foreign country.
Romania
4 years'
residence (EU
citizens)
Slovakia
Persons born in
Slovakia who:
Slovak nationality is
acquired by descent under
one of the following
conditions:
After 5 years'residence in
Slovakia, and
living in
Slovakia
without any
immigration
restrictions at
the time of
6 years'
residence (the
last year of
which without
any immigration
restrictions)
Dual citizenship ispermitted to Slovak
citizens who acquire a
second citizenship by
birth or through
marriage; and to
foreign nationals who
apply for Slovak
citizenship and meet
the requirements of
the Citizenship
Act.[40][41]
Conditions
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application
Slovenia
A child born in
Slovenia is a Slovenian
citizen if either parent
is a Slovenian citizen.
Where the child is born
outside Slovenia the
child will beautomatically
Slovenian if:
both parents are
Slovenian
citizens; or
one parent is
Slovenian and
the other parent
is unknown
and/or ofunknown
citizenship the
other is
stateless.
A person born outside
Slovenia with one
Slovenian parent who is
not Slovenian
automatically may
acquire Slovenian
citizenship through:
an application
for registration
as a Slovenian
citizen made at
any time before
age 36; or
taking up
permanent
residence in
Slovenia before
age 18.
Children adopted by
Slovenian citizens may
be granted Slovenian
citizenship.
Slovenian nationality is
acquired by descent underone of the following
conditions:
A person of
"Slovenian origin" up
to the fourth
generation in direct
descent or a former
Slovenian citizen may
be naturalised without
any residence
requirements.
A person who
is married to
a Slovenian
citizen for at
least two
years may be
naturalised
after one
year's
residence in
Slovenia
A total of 10
years residence
in Slovenia,
including 5
years continuous
residence before
the application
Dual
citizenship is
generally
permitted in
Slovenia,
except for
certain persons
seeking to
become
Slovenian
citizens by
naturalisation
they are to
renounce any
foreign
citizenship (the
requirement to
renounce
foreign
citizenship may
be waived
upon special
application).
SpainPersons born in Spain
who:Children of Spanish
citizens
1[42]year of
marriage and
10 years'
residence
Yes (if a
Spanish citizen
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are stateless, or
are foundlings
residence in
Spain
5 years'
residence
(refugees)
2 years'
residence (for
nationals of
Iberoamerica,
Andorra,
Philippines,
Equatorial
Guinea,
Portugal, or if
the individual is
a Sephardi Jew)
1 year'sresidence
(persons born in
Spain)
by
descent/origin);
if naturalising
in an
Iberoamerican
country,
Spanishand
EU
citizenshipis
"dormant"
until the return
to Spain; see
Multiple
citizenship.
No (if a
naturalised
Spanish citizen,
unless fromIberoamerica,
Andorra,
Philippines,
Equatorial
Guinea or
Portugal)
Sweden[43]
Persons born in Sweden
who:
are stateless, or
are foundlings
(canceled ifparents found)
Swedish nationality is
acquired by descent under
one of the following
conditions:
Person: whose
mother is a Swedish
citizen,
or born in Sweden
whose father is a
Swedish citizen
whose father is a
Swedish citizen and
married to the mother
(also later marriage)
3 years'
marriage in
case residing
in Sweden, 10
years in case
living abroad
with a
Swedish
spouse andhas 'strong
ties' to
Sweden, by
family visits
and such
5 years normal
residence
permit(not the
time limited
residence/work
permit/Study
Permit) and must
hold Swedish
permanent
residence permit
at the time of
applying or
person with a
visa intended for
settlement in
Sweden with 5
years residence
in Sweden.
2 years if citizen
of a Nordic
country (i.e.
Yes
Conditions
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Denmark,
Finland, Iceland
and Norway)[44]
United
Kingdom
Persons born in United
Kingdom who:
see: "British by
birth"
British nationality is
acquired by descent under
one of the followingconditions:
see: "British by
descent"
6 years'
residence
(must be
without any
immigration
restrictions on
date of
application)
6 years'
residence (the
last year of
which without
any immigration
restrictions)
Yes
Danish opt-out
Denmark obtained four opt-outs from the Maastricht Treaty following the treaty's initial rejection in a 1992 referendum. The
opt-outs are outlined in the Edinburgh Agreement and concern the EMU (as above), the Common Security and Defence Policy(CSDP), Justice and Home Affairs (JHA) and the citizenship of the European Union. The citizenship opt-out stated that
European citizenship did not replace national citizenship; this opt-out was rendered meaningless when the Amsterdam Treaty
adopted the same wording for all members. The policy of recent Danish governments has been to hold referenda to abolish
these opt outs, including formally abolishing the citizenship opt out which is still technically active even if redundant.
See also
Visa requirements for the European Union citizens
Passport of the European Union
National identity cards in the European Union
European Citizens' Initiative
European citizens' consultations
Spatial Citizenship
Europe for Citizens
Four Freedoms (European Union)
Naturalization
Further reading
Maas, Willem (2007). Creating European Citizens. Lanham: Rowman & Littlefield. ISBN 978-0-7425-5485-6.
Meehan, Elizabeth (1993). Citizenship and the European Community. London: Sage. ISBN 978-0-8039-8429-5.
O'Leary, Sofra (1996). The Evolving Concept of Community Citizenshippublisher=Kluwer Law International. The
Hague. ISBN 978-90-411-0878-4.
Soysal, Yasemin (1994).Limits of Citizenship. Migrants and Postnational Membership in Europe. University of Chicago
Press.
Wiener, Antje (1998). 'European' Citizenship Practice: Building Institutions of a Non-State. Boulder: Westview Press.
ISBN 0-8133-3689-9.
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European Commission. "Right of Union citizens and their family members to move and reside freely within the territory
of the Member States" (http://europa.eu/legislation_summaries/education_training_youth/lifelong_learning
/l33152_en.htm).
References
^Article 20(2)(c) of the Treaty on the Functioning of the
European Union.
1.
^This rendered the provision to the same effect in Protocol
no. 5 on the position of Denmark in the Treaty on the
European Union superfluous. See Ministry of Foreign Affairs
in Denmark. "The Danish Opt-Outs" (http://www.denmark.dk
/en/menu/AboutDenmark/GovernmentPolitics
/DenmarkAndTheEU/TheDanishOptouts/). Retrieved 24
November 2007.
2.
^Article 69 (http://www.ena.lu?lang=2&doc=823).3.
^Title 3 (http://www.ena.lu?lang=2&doc=3800).4.
^ abCraig, P., de Brca, G. (2003).EU Law: Text, Cases
and Materials(3rd ed.). Oxford, New York: Oxford
University Press. pp. 706711. ISBN 0-19-925608-X.
5.
^abcCase 53/81 (http://eur-lex.europa.eu/LexUriServ
/LexUriServ.do?uri=CELEX:61981J0053:EN:NOT)D.M.
Levin v Staatssecretaris van Justitie.
6.
^Case 139/85 (http://eur-lex.europa.eu/LexUriServ
/LexUriServ.do?uri=CELEX:61985J0139:EN:NOT)R. H.
Kempf v Staatssecretaris van Justitie.
7.
^Joined cases 286/82 and 26/83 (http://eur-lex.europa.eu
/LexUriServ
/LexUriServ.do?uri=CELEX:61982J0286:EN:NOT)
Graziana Luisi and Giuseppe Carbone v Ministero del
Tesoro.
8.
^Case 186/87 (http://eur-lex.europa.eu/LexUriServ
/LexUriServ.do?uri=CELEX:61987J0186:EN:NOT)Ian
William Cowan v Trsor public.
9.
^Advocate General Jacobs' Opinion (http://eur-
lex.europa.eu/LexUriServ
/LexUriServ.do?uri=CELEX:61996C0274:EN:NOT) in Case
C-274/96 Criminal proceedings against Horst Otto Bickel
and Ulrich Franzat paragraph [19].
10.
^Case C-85/96 (http://eur-lex.europa.eu/LexUriServ
/LexUriServ.do?uri=CELEX:61996J0085:EN:NOT)Mara
Martnez Sala v Freistaat Bayern.
11.
^"EEA Agreement" (http://www.efta.int/eea/eea-
agreement.aspx). European Free Trade Association.
Retrieved 19 April 2013.
12.
^ "Switzerland" (http://eeas.europa.eu/switzerland
/index_en.htm). European Commission. Retrieved 19 April
2013.
13.
^abcdTreaty on the Function of the European Union
(http://eur-lex.europa.eu/LexUriServ
/LexUriServ.do?uri=OJ:C:2010:083:0047:0200:EN:PDF)
(consolidated version)
14.
^This right also extends to "any natural or legal person
residing or having its registered office in a Member State":
Treaty of Rome (http://eur-lex.europa.eu/en/treaties
/dat/12002E/htm/C_2002325EN.003301.html) (consolidated
version), Article 194.
15.
^Antigua and Barbuda (UK), Barbados (UK), Belize (UK),
Central African Republic (France), Comoros (France),
Djibouti (France), Gambia (UK), Guyana (UK), Lesotho
(Ireland), Liberia (Germany), Saint Vincent and the
Grenadines (UK), San Marino (Italy), So Tom and Prncipe
(Portugal), Solomon Islands (UK), Timor-Leste (Portugal),
Vanuatu (France)
16.
^abCase C-184/99 (http://eur-lex.europa.eu/LexUriServ
/LexUriServ.do?uri=CELEX:61999J0184:EN:NOT)Rudy
Grzelczyk v Centre public d'aide sociale d'Ottignies-
Louvain-la-Neuve.
17.
^abCase C-413/99 (http://eur-lex.europa.eu/LexUriServ
/LexUriServ.do?uri=CELEX:61999J0413:EN:NOT)
Baumbast and R v Secretary of State for the Home
Department, para. [85]-[91].
18.
^Now article 2019.
^Durham European Law Institute, European Law Lecture
2005 (http://www.ecas.org/file_uploads/1055.pdf), p. 5.
20.
^abAnthony Arnull; Alan Dashwood; Michael Dougan;
Malcolm Ross; Eleanor Spaventa and Derrick Wyatt.;
Dashwood, A. and others (2006).European Union Law(5th
ed.). Sweet & Maxwell. ISBN 978-0-421-92560-1.
21.
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^Dougan, M. (2006). "The constitutional dimension to the
case law on Union citizenship".European Law Review31
(5): 613641.. See also Case C-209/03 (http://eur-
lex.europa.eu/LexUriServ
/LexUriServ.do?uri=CELEX:62003J0209:EN:NOT)R (Dany
Bidar) v. London Borough of Ealing and Secretary of State
for Education and Skills, para. [56]-[59].
22.
^European Commission. "Right of Union citizens and theirfamily members to move and reside freely within the territory
of the Member States" (http://europa.eu
/legislation_summaries/education_training_youth
/lifelong_learning/l33152_en.htm). Retrieved 26 December
2007.
23.
^Directive 2004/38/EC (http://eur-lex.europa.eu/LexUriServ
/LexUriServ.do?uri=CELEX:32004L0038:EN:NOT) of the
European Parliament and of the Council of 29 April 2004 on
the right of citizens of the Union and their family members to
move and reside freely within the territory of the MemberStates.
24.
^ ab"Free movement of labour in the EU 27"
(http://www.euractiv.com/en/socialeurope/free-movement-
labour-eu-27/article-129648#). Euractiv. 25 November 2009.
Retrieved 27 December 2009.
25.
^[1] (http://europa.eu/youreurope/citizens/work/abroad
/work-permits/index_en.htm)
26.
^"UK bill proposing work restrictions on Croatian nationals"
(http://www.homeoffice.gov.uk/publications/immigration
/croatia-eu-accession/). 18 October 2012. Retrieved 16November 2012.
27.
^Case C-396/90 (http://eur-lex.europa.eu/LexUriServ
/LexUriServ.do?uri=CELEX:61990J0369:EN:NOT)
Micheletti v. Delegacin del Gobierno en Cantabria, which
established that dual-nationals of a Member State and a
non-Member State were entitled to freedom of movement;
case C-192/99 (http://eur-lex.europa.eu/LexUriServ
/LexUriServ.do?uri=CELEX:61999J0192:EN:NOT)R v.
Secretary of State for the Home Department, ex p. Manjit
Kaur. It is not an abuse of process to acquire nationality in aMember State solely to take advantage of free movement
rights in other Member States: case C-200/02 (http://eur-
lex.europa.eu/LexUriServ
/LexUriServ.do?uri=CELEX:62002J0200:EN:NOT)Kunqian
Catherine Zhu and Man Lavette Chen v Secretary of State
for the Home Department.
28.
^Dronkers, J. and M. Vink (2012). Explaining Access to
Citizenship in Europe: How Policies Affect Naturalisation
Rates. European Union Politics 13(3) 390-412
(http://eup.sagepub.com/content/13/3/390.abstract); Vink, M.
and G.R. de Groot (2010). Citizenship Attribution in Western
Europe: International Framework and Domestic Trends.
Journal of Ethnic and Migration Studies, 36(5) 713-734
(http://www.tandfonline.com/doi/abs/10.1080/13691831003763914).
29.
^See the EUDO Citizenship Observatory (http://eudo-
citizenship.eu) for a comprehensive database with
information on regulations on the acquisition and loss of
citizenship across Europe.
30.
^Law on the Bulgarian citizenship (http://lex.bg/bg/laws
/ldoc/2134446592)
31.
^http://www.mzv.cz/consulate.newyork
/en/visa_and_consular_information
/about_czech_citizenship_and_dual/new_citizenship_legislation_of_the_czech.html
32.
^[2] (http://www.nyidanmark.dk/en-us/coming_to_dk
/danish_nationality/conditions_to_be_satisfied.htm)
33.
^ https://www.riigiteataja.ee/en/eli/530102013074/consolide34.
^http://www.consulfrance-newyork.org/Nationality35.
^"Criteria underlying legislation concerning citizenship"
(http://www.interno.gov.it/mininterno/export/sites/default
/it/temi/cittadinanza/Sottotema_007_English_version.html).
Ministero Dell'Interno. Retrieved June 2014.
36.
^ http://rus.delfi.lv/news/daily/latvia/dvojnoe-grazhdanstvo-u-posolstv-latvii-pribavitsya-raboty.d?id=43347235
37.
^http://www.pmlp.gov.lv/en/home/citizenship/registration-
if-citizenship/registration-of-citizenship-of-latvians-
and-livs.html
38.
^[3] (http://cetatenie.just.ro
/LinkClick.aspx?fileticket=phPO-UBU_zQ%3d&tabid=42&
mid=405)
39.
^"Slovak Citizenship Requirements & Application"
(http://www.slovak-republic.org/citizenship/). Slovak-
Republic.org. Retrieved 2013-09-26.
40.
^Futej & Partners,Memorandum: Extensive amendment to
the act on Slovak state citizenship(http://www.futej.sk
/data/enu/Legal%20Information%20and%20Analysis
/Memorandum-Extensive-amendment-to-the-act-on-Slovak-
state-citizenship.pdf), Bratislava
41.
nship of the European Union - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Citizenship_of_the_Europe
28 25/10/2014
8/10/2019 Citizenship of the European Union - Wikipedia, The Free Encyclopedia
28/28
^http://www.realinstitutoelcano.org/wps/portal
/web/rielcano_en/contenido?WCM_GLOBAL_CONTEXT=
/elcano/elcano_es/zonas_es/demografia+y+poblacion
/ari4-2014-gonzalez-enriquez-price-spanish-and-european-
citizenship
42. ^Law (2001:82) on Swedish citizenship43.
^"Krav fr medborgarskap fr dig som r nordisk
medborgare" (http://www.migrationsverket.se/info/397.html)
(in Swedish). Migrationsverket. 5 January 2012. Retrieved 1
July 2013.
44.
External links
EU Citizenship (http://ec.europa.eu/justice/citizen/index_en.htm), European Commission Directorate-General for Justice
EUDO Citizenship Observatory (http://eudo-citizenship.eu)
Retrieved from "http://en.wikipedia.org/w/index.php?title=Citizenship_of_the_European_Union&oldid=626920973"
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